Am I eligible
to file bankruptcy?
Chapter 7 and Chapter 13
bankruptcies have different eligibility requirements:
To qualify for a Chapter 7 bankruptcy, you must have lived
in Ohio for the last three months, you must not have filed a
bankruptcy for eight years, and you must owe at least one
To qualify for a Chapter 13 bankruptcy, you must have lived
in Ohio for the last three months and owe at least one dollar.
In addition, you (or your spouse) must have a somewhat regular
and steady income, and your net (take-home) income must be
greater than your normal Monthly expenses after your bills are
discharged in the bankruptcy.
In both chapters the rules about filing are more
complicated since the law was changed on October 17,
2005. Please contact an attorney for specifics as
to your eligibility.
You may be able to file a Chapter 13 Bankruptcy even if you
have filed another bankruptcy within the last six years.
Chapter 12 bankruptcies are for farmers. In order to qualify
for a Chapter 12 bankruptcy, at least one-half of your prior
year’s gross income must have been earned from farming, and
at least 60% of your debt (not including any debt on your
house) must be from farming.